Taha v. County of Bucks, No. 16-3077 (3d Cir. 2017)Annotate this Case
Defendants created a publicly searchable “Inmate Lookup Tool” into which they uploaded information about thousands of people who had been held or incarcerated at the Bucks County Correctional Facility since 1938. Taha filed suit, alleging that the County and Correctional Facility had publicly disseminated information on the internet in violation of the Pennsylvania Criminal History Record Information Act, 18 Pa. Cons. Stat. 9102, about his expunged 1998 arrest and incarceration. The district court granted Taha partial summary judgment on liability before certifying a punitive damages class of individuals about whom incarceration information had been disseminated online. The court then found that the only remaining question of fact was whether defendants had acted willfully in disseminating the information. After the court certified the class, the defendants filed an interlocutory appeal. The Third Circuit affirmed the class certification order, rejecting an argument that the district court erred in granting Taha partial summary judgment on liability before ruling on class certification. The court upheld conclusions that punitive damages can be imposed in a case in which the plaintiff does not recover compensatory damages, that punitive damages can be imposed on government agencies, and that the predominance requirement under FRCP 23(b)(3) was met so that a class could be certified.